ANILKUMAR M Vs. LEENA SURAJ

JUDGEMENT

(1.) The petitioner herein is the complainant in STC 3866 of 2012 of the Court of Judicial First Class Magistrate, Thalassery. The petitioner/complainant proposed to file an appeal against the judgment dated 10.6.2014 in the above case, as per which, the learned Magistrate acquitted the accused under Section 255(1) of Cr. P.C., who faced prosecution for the offence punishable under Section 138 of the N.I. Act at the instance of the petitioner/complainant.

(2.) Heard the learned counsel for the petitioner and also perused the impugned judgment.

(3.) The case of the petitioner/complainant is that, on 10.10.2011, the accused borrowed a sum of Rs. 2,14,000/- from the complainant and towards the re-payment of the said amount, the accused issued a post dated cheque dated 4.4.2012 for Rs. 2,14,000/-, which when presented for encashment dishonoured and no amount was paid despite of a statutory notice. Thus, according to the petitioner/complainant, the accused has committed the offence punishable under Section 138 of the N.I. Act.